U.S. Belgium To Question India On CAA, Minority Rights, Hate Speech At U.N. HRC (UPSC Current Affairs)

Relevance: GS 2 - Bilateral, Regional and Global Groupings and Agreements involving India and/or affecting India’s interests.

(Source: The Hindu, 11/09/2022)

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Why in the news?

The upcoming Universal Periodic Review (UPR) of India at the UN Human Rights Council in Geneva is anticipated to be dominated by custodial torture, treatment of journalists and human rights defenders, the Citizenship Amendment Act (CAA), the Foreign Contribution Regulation Act (FCRA), and these issues.

What is the background of the issue?

• Prior to India's UPR, "Advance Questions" had been filed by the United States, Belgium, Spain, Panama, Canada, and Slovenia as of Tuesday.
• Belgium referred to the Citizenship Amendment Act as "anti-minority" in "Advance Questions" it presented to the Council and questioned India about whether the law will be repealed.
• The US has voiced similar worries in its advanced questions, highlighting "hate speech," "internet shutdowns," and the hijab issue in Karnataka.
  • In addition, the United States has questioned the Indian government about how its laws, including the Unlawful Activities Prevention Act (UAPA), the National Security Act, the Public Safety Act, and sections 124A, 499, and 500 of the Indian Penal Code, adhere to its commitments and obligations to uphold international human rights standards.
• In addition, the nation inquired as to the measures the Indian government would take to guarantee that "human rights advocates, journalists, and civil society organizations can exercise their rights to freedom of expression and peaceful assembly without fear of threats, harassment, intimidation, or attacks."

What is Universal Periodic Reviews (UPR)?

• UPR is a state-driven process under UNHRC’s auspices and provides opportunities to member states to declare what actions they have taken to improve human rights in its jurisdiction and to fulfill their obligations under UNHRC.
• under the peer review arrangement of UPR, Member states of UNHRC reviews the human right regimes and situation prevailing in the assessed member state
• A review cycle lasts four-and-half years, during which records of member states in human right domains are reviewed.

What will be India’s Response to UPR?

• On Protection of Minority: In the national report submitted in August to UNHRC, India informed the Council that laws were fully and consistently enforced to ensure protection of the minority communities.
• On issue of Human Rights: The national position on the issue of human rights gives an indication of the line that India is expected to take during the upcoming deliberation .
• On Communal harmony: India has informed about the issue of Guidelines on Communal Harmony to the State governments which, inter alia, provide for several administrative measures for effective prevention of communal disturbances, control of riots, and protection and relief to the affected persons.
• On Communal Violence: The report further mentions that the National Crime Records Bureau has recorded a decline in communal riots since 2018 and believes in use of “minimum force” in India.
• On Custodial Death: It further states that the National Human Rights Commission (NHRC) has issued guidelines to State governments to inform the Commission within 24 hours of the occurrence of a custodial death, as“India has signed the Convention against Torture in October 1997 and remains committed to ratify the Convention.
• Violence against women: The report has also mentions efforts that India has undertaken to curb violence against women like activation of “Pan India Emergency Response Support System”.

What is the UN Human Rights Council (UNHRC)?

• The UNHRC is a specialized organization and an intergovernmental body with the responsibility of promoting and defending human rights all over the world.
• The UNGA formed the UNHRC on March 15, 2006, and it held its inaugural session in June of that same year.
• It took over from the previous UN Commission on Human Rights (UNCHR).
• Geneva, Switzerland is the headquarters of UNHRC.
• The Human Rights Council's secretariat is the Office of the High Commissioner for Human Rights (OHCHR).

Functions

• Its responsibility is to strengthen the promotion and defense of human rights around the world.
• Additionally, it offers advice and addresses cases of human rights breaches.
• It may discuss any situation or subject pertaining to human rights.
• The UN Special Procedures, which were created by the previous Commission on Human Rights and include working groups, independent experts, special rapporteurs, and special representatives, are another area where the Council works in conjunction.
• They are accountable for monitoring, assessing, advising, and reporting on specific countries' human rights issues.

Membership of the Council

• The Council is composed of 47 UN member states.
• The majority of the UN Member States who make up the Council are chosen during the UNGA in a secret direct vote.
• The Council is made up of members from all around the world equally distributed geographically.
  • Western European and other states have 7 seats,
  • Eastern European states have 6 seats.
  • Asia-Pacific Regions have 13 seats.
  • The Latin American and Caribbean Regions have 8 seats.
  • African states have 13 seats.
• The UNGA considers the candidate States' voluntary commitments to uphold and defend human rights as well as their contributions to these causes.
• Term: Members serve three-year terms and are not automatically up for reelection after serving two consecutive terms.

Working of the Council

• In 2007, the Council passed a " institution-building package" that outlined its procedures and controls.
• Every UN Member State is evaluated on their human rights record at the Universal Periodic Review.
• The Advisory Committee serves as the Council's think tank, providing analysis and suggestions on a range of thematic human rights issues.
• People and groups can notify the Council of violations of human rights through the Complaint Procedure.

India at UNHRC

• India was re-elected to the United Nations Human Rights Council for a sixth term in 2021 with a resounding majority in the General Assembly.
• India is serving its second straight term.
• The final day of India's tenure was December 31, 2021.
• At the 76th UN General Assembly, 18 new U.N. Human Rights Council members were chosen, and they will begin serving in January 2022 for a three-year term.

What are the challenges faced by UNHRC?

• Rising Global Inequities and Poverty: Poverty erodes social and economic rights like the right to food, clean water, a good place to live, and an education.
• Weak institutions: As a result of bad governance, a number of human rights are gravely threatened.
• Discrimination: When people or groups are treated unfairly due to characteristics like race, gender, age, or sexual orientation, it affects people's human rights.
• Human rights are threatened by extrajudicial executions, "disappearances," torture, including rape, hostage-taking, detention based solely on ethnic background, etc.
• Impunity: Human rights are often threatened when those who violate them are not held accountable.

Way Forward

• Preventing violence, conflict, and insecurity should be prioritized;
• Building a global movement for human rights is important;
• The following five high-priority areas need to be strengthened:
  • Enhanced presence in more nations;
  • increased influence of the High Commissioner;
  • stronger partnerships with civil society groups and United Nations organizations;
  • improvement of OHCHR's internal capacities;
  • improved linkages with UN human rights authorities.

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Question: With reference to UNHRC, consider the following statements;

1. UNHRC was established in 2006.
2. Its headquarter is in Paris.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2